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Planning appeal decision

Notice varied and upheld26 July 20213245103

Land at Plot G, Bramble Lane, Thakeham, West Sussex, Also Known As Plot G, Dukes Hill, Thakeham, Pulborough, RH20 3DZ

Planning appeal 3245103 at Land at Plot G, Bramble Lane, Thakeham, West Sussex, Also Known As Plot G, Dukes Hill, Thakeham, Pulborough, RH20 3DZ (Horsham District Council) was allowed in part (a split decision) on 26 July 2021 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: whether the location of the development is consistent with the strategy for development set out within the Horsham District Planning Framework and Thakeham Parish Neighbourhood Plan.

without planning permission, the material change of use of the Land from use for agriculture to a mixed use for agriculture and use as a leisure plot

Authority
Horsham District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Steen A

Main issues, as the Inspector framed them

  • whether the location of the development is consistent with the strategy for development set out within the Horsham District Planning Framework and Thakeham Parish Neighbourhood Plan
  • the effect of the mixed agricultural and leisure use and building on the intrinsic character and beauty of the landscape
  • whether there are any material considerations sufficient to override any conflict with policy

What decided it

the conflict between the mixed agricultural/leisure use and building with the development plan's countryside protection and landscape character policies, which was not outweighed by other material considerations

the benefits of the appellant's agricultural use and rural economy contribution did not outweigh the conflict with the development plan and the harm to the rural landscape character, so the balance tipped against the development

What the Inspector cited

Development plan policies
Policy 2Policy 25Policy 26Policy 32Policy 33Policy Thakeham8Policy Thakeham9
Judgments
Burdle v Secretary of State for the Environment and another [1972] 3 All ER 240; Wychavon District Council v Secretary of State for Communities and Local Government, Butler and Butler [2008] EWCA Civ 692; Wavendon Properties Ltd v Secretary of State of Housing, Communities and Local Government and Milton Keynes Council [2019] EWHC 1424

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Horsham District Council

The authority’s record since 2016 · every decision in 2021

  1. Allowed29 October 20266008830
    Staalcot Farm Stall House Lane, Stall House Lane, North Heath, RH20 2HR
  2. Notice upheld16 September 20263373450
    Development Site Lot 3, Kent Street, Cowfold, West Sussex, RH13 8BB
  3. Notice varied and upheld15 September 20263355778
    12 Great Lime Kilns, Southwater, Horsham, RH13 9JL
  4. Notice upheld18 June 20263343866
    Pengarth, 11 Nightingales, West Chiltington, Pulborough, West Sussex, RH20 2QT
  5. Split Decision29 May 20263375768
    2 Greenacres Farm West Chiltington Lane, Billingshurst, RH14 9DR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.